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Can some one help me on this subject please......

Thanks for your quick response.

As much as I want the W2 ASAP, the issue is what is the amount that should be on the W2 as I did not get paid in 2007. The W2 legally should only contain the wages that you have received in that year.

Folks,

I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC



2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

Gurus... please help me with your suggestions.
chk above

Please help me out with my question.

My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

"H-1B
May-22-2007
(validity of ppt)"

i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?

much appreciated
thanks,
smads

On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

Or by luck of the draw?:cool:

The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents

Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.

By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).

Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)

____________________
Not a legal advice
US citizen of Indian origin

Thanks again for the reply and wishes!!

Also sorry for another question as I forgot to mention this earlier.

My new H1B has more than 6 months of validity period.

One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009

Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010

As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

Appreciate your help!

In my opinion USCIS is not very strict on the RFE deadlines. I was late by 3 days for an RFE on my I140. They accepted. But that was more than a year ago. May be, it depends on officer.


This is the latest on my LIN number ...

Response to request for evidence received, and case processing has resumed.

What does it mean ... Any Ideas folks ...

This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.

hai all ,

i dont know where to write this topic , if it is wrong place please excuse me.

i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question

by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.

please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .

those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.

i will really appriciate your help .thank you in advance.:mad:

I�m not a lawyer or attorney or anything official

-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck

Guys,
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.

sundar99,

That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.

As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.

I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.

One more thing before you draft a letter take a look at the job description/qualification/experience required which is filed along with the
labor certificate.

if possible get those "experience required " in the experience letter from
prvious employer to show that you had those experiences before you joined.

Cheers !


I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

Can someone with an approved 140 please paste a format of the experience letter on this thread?

Thanks!

Please spare some time & thought & decide to be in DC at the rally.

Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

Also, just I wanted to share the information becuase many people seemed worried about this.

Good luck :) :) :) :)

Thank you IV for your hardwork and dedication on this.

$ 50 from me.

Payee Amount Deliver By Confirmation
Number Action

Immigration Voice
Vikas wadhwani(vikasw) $ 50.00 07/24/07 6QZ0Q-0Z4V0 Edit



Pay From: MYACCESS CHECKING-6830

Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Approval notice sent.

On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?

I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

guys pls stop panicking its only for the cases which are outside the processing dates

"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"


and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....

My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..